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Complainant: Case Number: Case Type: Respondent: Subject: Date Received: Board: Analyst: Investigator: Supervisor: RPA: Admin Asst: Case Review Status: Case File Status: Days Remaining: Letter Type: Mediation Status:

SMITH, KAT 2010043463

KESMARC FLORIDA

VETERINARY MEDICINE KIMBERLY.HARRELL DAN.DICKHAUS FREDA.HARRIS JAMES.PATTON

OGC REVIEW REQUESTED IN PROGRESS

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8/31/2010 5:14:39 PM-KIMBERLY.HARRELL: PRELIM-ULA TO GAINESVILLE.

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OGC - PROF Case Summary Sheet

Subject: Division - Board Case Status Assigned Attorney Case Number:

KESMARC FLORIDA

VETERINARY MEDICINE VETERINARY MEDICINE CLOSED PUBLIC CLOSED PUBLIC

MAURA.BOLIVAR 2010043463

License Number:

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11/29/2010 2:36:28 PM-LATRESHA.HOWELL: CLOSED IN LE 11/22/2010 1:22:25 PM-MAURA.BOLIVAR: CO 11/22/2010 1:21:44 PM-MAURA.BOLIVAR: TC to Ms. Fearrington; email to investigator regarding issuance of C&D. 11/22/2010 1:21:27 PM-MAURA.BOLIVAR: CO 11/22/2010 1:11:09 PM-MAURA.BOLIVAR: Willa Fearrington, Esq. 18753 SE Federal Hwy Tequesta, Florida 334691719 Phone: 561.7430014 222 Fax: 561.8280226 E-Mail: wfearrington@mstreet.org 10/19/2010 12:46:10 PM-MAURA.BOLIVAR: Email to attorney uploaded. 10/7/2010 2:45:04 PM-ALEXANDRA.MISSAN: NEW CASE

Date Rec'd in Legal: AC Filed:

10/7/10

PC Found Date: AC Serv. Date: Served: Green Card Green Card 2

Hand Service E-Mail Publication Telephone Election: Informal Waiver Priors:

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Invoice Rec'd

DOAH EORW

STIP

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No No No No

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STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

PROFESSION: CASE NUMBER: COMPLAINT MADE BY: consumer) DATE COMPLAINT RECEIVED: COMPLAINT MADE AGAINST:

Veterinarian - UNLICENSED 2010043463 DBPR (via email from

August 31, 2010 Kesmarc Florida 155000 West Highway 326 Ocala, FL 32668 Dan Dickhaus Maura M. Bolivar CLOSE R43 CLOSING ORDER

INVESTIGATOR: REVIEWED BY: STAFF RECOMMENDATION:

THE COMPLAINT: The complaint alleges that Subject violated Section 474.213(1)(a), Florida Statutes, by advertising via the internet in a manner that might lead the public to believe the facility is a licensed establishment. THE FACTS: An investigation was opened based on a complaint alleging that Subjects website appeared to indicate that services requiring licensure were being performed on site without the required supervision of a licensee. The Subjects response states that the majority of the horses treated are owned by the facility and that any other horses brought to the facility are referred by and treatment supervised by licensees. Department investigators interviewed the general manager of the facility. This manager stated that she wanted to come into compliance as to the possible misimpression created by the website. The undersigned directed the investigator to issue a notice to cease and desist to its counsel. Subject has no prior referrals to the department and there was no consumer harm.

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THE LAW: The evidence does establish probable cause that Subject engaged in unlicensed practice referenced above. It is ORDERED that this case is CLOSED pursuant to the issuance of the notice to cease and desist, without prejudice to reopen. DONE and ORDERED this 27 March 2012.

Maura M. Bolivar
Chief Attorney

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Ganey, Jennifer
From: Sent: To: Bolivar, Maura Tuesday, October 19, 2010 12:46 PM 'wfearrington@mstreet.org'

Subject: DBPR Case 2010043463 (Kesmarc Florida) Dear Ms. Fearrington, I am the chief attorney for the unlicensed activity section with DBPR. I just reviewed this file, your clients response, and the companys website and want to discuss this case with you. Mr. Millers letter seems to indicate that he is amenable to discussing possible changes to the website. I understand the nature and background of the facility. As we are both busy, it would be best if you emailed me a proposed time to talk. I will be at a conference on Thursday afternoon and all day Friday. I do have a blackberry and am always available to talk after regular business hours. It would facilitate our conversation if you would please first look at http://kesmarcflorida.com/services/services.html in conjunction with: Section 474.202, F.S. (Definitions) (5) Immediate supervision or words of similar purport mean a licensed doctor of veterinary medicine is on the premises whenever veterinary services are being provided. (9) Practice of veterinary medicine means diagnosing the medical condition of animals and prescribing, dispensing, or administering drugs, medicine, appliances, applications, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease thereof; performing any manual procedure for the diagnosis of or treatment for pregnancy or fertility or infertility of animals; or representing oneself by the use of titles or words, or undertaking, offering, or holding oneself out, as performing any of these functions. The term includes the determination of the health, fitness, or soundness of an animal. (10) Responsible supervision or words of similar purport mean the control, direction, and regulation by a licensed doctor of veterinary medicine of the duties involving veterinary services which she or he delegates to unlicensed personnel. (12) Veterinarian/client/patient relationship means a relationship where the veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and its need for medical treatment. (13) Veterinary medicine includes, with respect to animals, surgery, acupuncture, obstetrics, dentistry, physical therapy, radiology, theriogenology, and other branches or specialties of veterinary medicine. and 61G18-17.005. Tasks Requiring Immediate Supervision. (1) All tasks which may be delegated to a veterinary aide, nurse, laboratory technician, intern or other employee of a licensed veterinarian shall be performed only under the immediate supervision of a licensed veterinarian as that phrase is defined in Section 474.202(5), F.S., with the exception of the following tasks which may be performed without the licensed veterinarian on the premises: (a) The administration of medication and treatment, excluding vaccinations, as directed by the licensed veterinarian; and (b) The obtaining of samples and the performance of those diagnostic tests, including radiographs, directed by the licensed veterinarian.

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(2) The administration of anesthesia and tranquilization by a veterinary aide, nurse, laboratory technician, intern or other employee of a licensed veterinarian requires immediate supervision as that phrase is defined in Section 474.202(5), F.S. (3) The administration of any vaccination by a veterinary aide, nurse, technician, intern or other employee of a licensed veterinarian which is not specifically prohibited by Rule 61G18-17.006, F.A.C., requires immediate supervision as that phrase is defined in Section 474.202(5), F.S. Sincerely,

Maura M. Bolivar
Maura M. Bolivar Chief Attorney Unlicensed Activity Enforcement, Farm and Child Labor Law Department of Business and Professional Regulation 1940 N. Monroe St., Ste. 42 Tallahassee, FL 32399 850.921.1939 (direct line) 850.921.9186 (facsimile)

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